JUDGMENT :

1. Rule. Learned Public Prosecutor waives service of notice of rule on behalf of respondent State.

2. On 25.3.2021, an application was moved for issuance of warrant under Section 70 of Cr.P.C. against Dr. Arvindbhai Narsinhbhai Patel, Deputy Health Officer, Bodakdev Zone, Ahmedabad Municipal Corporation towards the offence registered under Section 7 of the Prevention of Corruption Act, 1988 registered at Ahmedabad City (A.C.B.) Police Station as C.R. No. 9/2020.

3. The complaint dated 3.12.2020 is filed by Dr. Dhawalkumar Narendrabhai Patel- Deputy medical administrator, CIMS Hospital, Sola Ahmedabad. The FIR is registered on 4.12.2020 against (i) Dr. Naresh Malhotra of Aditya Hospital and (ii) Dr. Arvindbhai Narsinhbhai Patel, Deputy Health Officer- North-East Zone, Ahmedabad Municipal Corporation, the present petitioner. The offence is stated to have been committed on 31.7.2020, whereby accused No.1 was arrested on 16.2.2021.

4. The facts of the case suggest that CIMS Hospital by way of Memorandum of Understanding (MOU) had entered into list of hospitals for the treatment of COVID-19 patients under reference by Government. For sanction of bills of the COVID-19 patients, th